Gov & Administrative Law Questions & Answers

Q: Can Colorado State take my federal tax refund for an offset

1 Answer | Asked in Gov & Administrative Law and Tax Law for Colorado on
Answered on Apr 20, 2019
D. Mathew Blackburn's answer
Yes. It'll depend on who exactly you owe and what stage the collections activity is at but they can intercept at a certain point.

I would suggest proactively resolving the matter prior to an intercept.

Q: Driving without license and cause an accident. What to do

1 Answer | Asked in Car Accidents, Civil Litigation and Gov & Administrative Law on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Well, if you weren't cited just turn it over to your insurance. If you were cited the question is why didn't you have a license--can you get one or are you prohibited. Suggest you consult an attorney who handles tickets in the court where your citation will be heard.

Q: If a policy holder is a risk class: non- tobacco and has used tobacco under contract, can this person be prosecuted

1 Answer | Asked in Immigration Law, Federal Crimes, Gov & Administrative Law and Health Care Law for Pennsylvania on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Not prosecuted but if it turns up in the medical records they could drop you or re-rate you. Sorry, the person.

Q: Can a municipality,a.k.a.,city be sued for PUBLIC NUISANCE?

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Maryland on
Answered on Apr 17, 2019
Bennett James Wills' answer
Hard to give an answer without more facts. Generally you can sue for just about anything - can you win? That's another issue. Consult local counsel for options.

Q: Are there protection laws for back pay or funds received from SSDI that a person took and invested ?

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Public Benefits and Social Security for Texas on
Answered on Apr 16, 2019
Roy Lee Warren's answer
THANK you for an excellent question. I believe you and I would get along great. The situation of which you speak is one of the more ridiculous scenarios of SSI in my opinion. However I am sure it makes sense to those that wrote the law. SSI benefits are based on need so if the person that receives the SSI benefits improves their economic situation (for example wins the lottery) the benefits are terminated. If the person is able to save their SSI benefits (rather than spending them) even the...

Q: I have an administrative suspension in NH can I drive in another state

1 Answer | Asked in Gov & Administrative Law for Florida on
Answered on Apr 12, 2019
Terrence H Thorgaard's answer
No. You have to have a license, from somewhere, to drive. If your license is suspended, it's not valid anywhere.

Q: county government employees are coming on to my property without prior permission

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Maryland on
Answered on Apr 11, 2019
Timur Akpinar's answer
It's difficult to guess what's taking place here, but when government employees, public utility employees, or other people who have a valid reason for entering your property appear, they generally identify themselves and present ID. In many instances, their visits are announced ahead of time through some form of notice. The next time someone appears on your property, check to see that they are actually there for a legitimate and official reason, such as surveys, an environmental issue, meter...

Q: Does Az.District Court Judge have a deadline to approve a fee waiver? We cannot "Serve" defendant until it is approved.

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Gov & Administrative Law and Public Benefits for Arizona on
Answered on Apr 5, 2019
Timur Akpinar's answer
An attorney would likely want to see additional details here, possibly including pleadings, orders, agreements, and other related paperwork.

Tim Akpinar

Q: I have already applied for permanent residency through my spouse. Do I renew my DACA?

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Washington on
Answered on Apr 2, 2019
Hector E. Quiroga's answer
There are two reasons why you might want to renew DACA:

1. So you can work; and

2. To avoid accruing unlawful presence.

If you don’t need to work, or if you applied for work authorization as part of your adjustment application, and if unlawful presence isn’t an issue (it doesn’t accrue while your adjustment application is pending), you should not need to renew DACA.

Q: Wondering if starting a website geared to provide information about state boards and their licensing processes is legal?

2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for Utah on
Answered on Mar 29, 2019
Wesley Winsor's answer

I like what you are doing. If your question is whether or not you are committing some sort of crime by posting information regarding how to get licensed, the answer is no. Even if your information is false, there is no crime to publishing false information although it would be highly unethical. There is no criminal liability, but there could be civil liability. Meaning someone might be able to sue you for posting what a company might determine is "confidential" or a "trade...

Q: Which Rhode Island court do I petition to unseal documents related to my paternity?

1 Answer | Asked in Adoption, Family Law and Gov & Administrative Law for Rhode Island on
Answered on Mar 28, 2019
Neville Bedford's answer
Dual citizenship is a special status and probably worth investing with an attorney to assist you. Your chances of success will be much better with a professional advocating on your behalf.

Q: Is it illegal for a man or woman to shower naked with an 8 year old girl they are not related to

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Family Law and Child Custody for Georgia on
Answered on Mar 27, 2019
Ecleynne Mercy's answer
Yes it is. Very illegal. The child molestation statute does not require proof of the defendant's actual arousal; instead, the law requires only that the defendant have acted with the intent to arouse his sexual desires. West's Ga.Code Ann. § 16–6–4(a).

In GA, there has been no case law suggesting any rational basis for an adult to shower naked with a child that they are not related to.

Q: How do I obtain full disclosure on my case, specifically discovery ?

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for California on
Answered on Mar 26, 2019
William John Light's answer
Unclear on what type of case this is. After discharge (firing) of your attorney, you are entitled to your file from your attorney, except the attorney work product. The return of the client’s files is covered in RPC 3-700(D)(1) which states:

“A member whose employment has terminated shall:

(1) Subject to any protective order or non-disclosure agreement, promptly release to the client, at the request of the client, all the client papers and property. “Client papers and...

Q: Do i need witness for marriage and is maryland a safe state

1 Answer | Asked in Gov & Administrative Law for Maryland on
Answered on Mar 24, 2019
Mark Oakley's answer
All states require a marriage license to get married, and an officiant to conduct the marriage, and then certify the marriage after the ceremony by filing the affidavit required by law that the marriage was performed within 180 days of the license date, as well as any other legal requirements. The witness requirements are stated in the license and form affidavit, and you can obtain the details of everything you need by going to the circuit court for the Maryland county (or City of Baltimore)...

Q: Can you file on criminal fines? Like misdemeanor Charges?

1 Answer | Asked in Bankruptcy, Appeals / Appellate Law, Gov & Administrative Law and Government Contracts for Arkansas on
Answered on Mar 22, 2019
Timothy Denison's answer
You cannot discharge the old fines not can you discharge the student loans. The medical bills should be dischargeable.

Q: Can I sue the police Officer and Gwinnett county for rear ending me

1 Answer | Asked in Personal Injury, Car Accidents, Gov & Administrative Law and Municipal Law for Georgia on
Answered on Mar 18, 2019
Peter N. Munsing's answer
Sure. However there's a complicated thing called the state tort claims act so the best thing is to consult a member of the Ga. Trial Lawyers Assn in that county --they give free consults.

Q: Just clarifying that if my dad loses his assistance thru inclusa as per STATE STATUTE 55.02(2) and SINCE HE IS in prote

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Family Law for Wisconsin on
Answered on Mar 18, 2019
Brady R. Henderson's answer
Both Wisconsin law and federal law provide a right for a person being cared for due to a disability to be given the least restrictive placement. Sometimes court battles arise because that person, the person's guardian or family and the state disagree as to what placement is required. If you are your father's guardian, the state should not be able to do much here without your consent, or at least giving you notice of what they intend to do and an opportunity to be heard.

If things have...

Q: I'm having a ongoing problem (has went on for many many years) Missouri ,also dent , phelps and crawford county

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Missouri on
Answered on Mar 14, 2019
Ronald J. Eisenberg's answer
As you know, there's no easy answer to your situation. You haven't asked a specific question, however. Casenet is supposed to accurately reflect the names of the parties as they are identified when the case is filed. I'm not sure what you specifically want done, and by whom. I don't blame you, however, for being upset.

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